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S.D.N.Y.Procedural orderFiled Nov. 2, 2020

Go New York Tours, Inc. v. Tour Central Park Inc.

Judge
Valerie Caproni
Docket
1:19-cv-09803
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Go New York Tours v. Tour Central Park, Judge Caproni dismissed the settled case with prejudice and without costs, allowing limited reopening requests.

Who this affects

Go New York Tours, Inc. and Tour Central Park Inc.; the case was dismissed with prejudice without costs or attorneys’ fees to either party, and the parties’ remaining options were limited to the 30-day procedures described in the order.

What happened

Go New York Tours, Inc. v. Tour Central Park Inc. ended after the parties told the court they had reached an agreement in principle resolving all issues.

The court canceled all scheduled conferences and deadlines, dismissed the case with prejudice without costs or attorneys’ fees to either party, terminated open motions, and closed the case.

Judge Valerie Caproni allowed the parties 30 days to seek reopening for good cause or to ask the court to retain authority to enforce their settlement agreement, subject to specified filings.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Go New York Tours, Inc. v. Tour Central Park Inc. · No. 1:19-cv-09803
Judge
Valerie Caproni
Date
Nov. 2, 2020

Background

On October 30, 2020, the parties notified the court that they had reached an agreement in principle resolving all issues in the case.

Court’s Order

The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The Clerk of Court was directed to terminate all open motions and close the case.

The parties could apply to reopen the case within 30 days, but the application had to show good cause for keeping the case open in light of their settlement. The court stated that a request filed after 30 days, or without a showing of good cause, could be denied solely on that basis.

The order also stated that, if the parties wanted the court to retain jurisdiction—that is, authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period.

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs to either party, terminated the open motions, and closed the case, subject to the stated 30-day procedures for reopening or retaining jurisdiction to enforce the settlement.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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